I & Ors (Children), Re [2016] EWFC B98 (16 November 2016)

I & Ors (Children), Re [2016] EWFC B98 (16 November 2016)

The court found, on the balance of probabilities, that the father had engaged in conduct including arranging a forced marriage for his daughter at 15, depriving his daughters of education, preventing contact with their mother, using the children as domestic help, exposing them to firearms, and being involved in the abduction of his brother's children. These findings are highly relevant to the welfare of the subject children and the risks associated with removal to Pakistan or lack of protective orders.

Citation
[2016] EWFC B98
Parties
Applicant Father: IA; Respondent Mother: RA-N; Child: H I; Child: MA-A
Jurisdiction
England and Wales
Judgment Date
16 November 2016
Procedural Posture
Children Act 1989 Proceedings / Fact Finding Judgment Prior to Outcome Hearing
Outcome
Fact-finding judgment delivered; outcome hearing to follow.
Legal Topics
Child Arrangements, International Relocation, Forced Marriage Protection, Wardship, Parental Responsibility, Fact Finding Hearings
Family Law Child Law Child Arrangements International Relocation Forced Marriage Protection Wardship Parental Responsibility Fact Finding Hearings

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Parties

IA

Applicant Father

RA-N

Respondent Mother

H I

Child

MA-A

Child

Procedural Posture

Children Act 1989 Proceedings / Fact Finding Judgment Prior to Outcome Hearing

Legal Issues

  1. 1 Whether the father should be permitted to remove the children permanently or temporarily from the jurisdiction to Pakistan
  2. 2 Whether a forced marriage protection order should be made for H
  3. 3 Findings of fact regarding past conduct of the father, including forced marriage, deprivation of education, and abduction

Ratio Decidendi

The court found, on the balance of probabilities, that the father had engaged in conduct including arranging a forced marriage for his daughter at 15, depriving his daughters of education, preventing contact with their mother, using the children as domestic help, exposing them to firearms, and being involved in the abduction of his brother's children. These findings are highly relevant to the welfare of the subject children and the risks associated with removal to Pakistan or lack of protective orders.

Court Disposition

Fact-finding judgment delivered; outcome hearing to follow.